Professional Documents
Culture Documents
6.2 SPECIFICATIONS
The Indian Organic Logo must comprise of the colour specifications listed below: -
183
green plant growth. The colours used have a special significance in the logo concept. The
cosmic force in blue symbolizes universal purity. Richness of soil, nourished with natural
ingredients in organic farming, is symbolized by the earth forces in golden brown. The plant
in green uses the colour of nature and natural products untouched by chemicals. The blue
background is symbolic of earth’s environment that is congenial for life to thrive in and is
also free of pollution and harmful chemicals. India Organic etched over the surface
authenticates the carrier as “Organic” and also establishes the Indian connection for all the
carriers of the mark. Beautifully synthesizing all the elements of our environment, the logo
also communicates total adherence to the National Organic Standards.
The following regulations, which include any modifications and additions thereto, shall apply
for grant of a licence for use of the Certification Trade Mark ‘INDIA ORGANIC LOGO’
only on the certified products produced, processed, packed and labeled as per the National
Standards for Organic Products.
6.4.1 Short Title and Commencement– (1) These regulations may be called the Organic
Products Certification Trade Mark Regulations, 2014.
b. “Certification Trade Mark” means the India Organic logo as shown in Exhibit ‘A’
hereto.
184
d. “Licensee” shall mean an applicant who has been granted the licence to use the
Certification Trade Mark.
h. “National Standards for Organic Production” shall refer to standards contained in the
National Programme for Organic Production.
i. “Regulations” shall refer to the instant Regulations governing use of the India Organic
Logo, as amended from time to time by the NAB. The Regulations are open to public
inspection in the same way as the Indian Register of Trade Marks is open to public
inspection, any amendment of the Regulation is not effective until the amended
Regulation have been accepted by the Indian Registrar of Trade Marks.
j. All other words and expressions used in the Regulations and not defined herein shall
have the ordinary meanings assigned in the English language.
185
6.4.3.2 NAB is the sole, absolute, and exclusive owner of the Certification Trade Mark. The
Accredited Certification Bodies are agents of the NAB. The relationship between
NAB and the Accredited Certification Bodies is governed by the terms of an Agency
Agreement entered into between the Parties. A sample Agency Agreement is attached
hereto and marked as Exhibit B. Nothing in these Regulations modifies the terms of
the Agency Agreement.
6.4.3.4 A license to use the Certification Trade Mark may be revoked if the licensee
6.4.3.6 challenges NAB as the sole, absolute, and exclusive owner of all right, title, and
interest in the Certification Trade Mark , and the goodwill associated therewith; or
6.4.3.7 takes any action, which would impair the rights of NAB in and to the Certification
Trade Mark or the goodwill associated therewith.
6.4.3.8 A license granted to an Applicant to use the Certification Trade Mark in India is a
privilege bestowed at will and does not constitute a legally enforceable right, title or
interest. At all times this permission is subject to the rights, duties, and restrictions
contained in the Regulations. By accepting Certification, the Licensee
acknowledges and accepts that:
6.4.3.9 Grant of a license to use the Certification Trade Mark is not an assignment or grant
of any right, title or interest in or to the Certification Trade Mark.
6.4.3.10 No right, title or interest in or to the Certification Trade Mark can be acquired or
claimed by virtue of the permission granted herein or through any use of the
Certification Trade Mark;
186
6.4.3.11 All goodwill deriving from use of the Certification Trade Mark inures to and for the
benefit of NAB; and
6.4.3.12 NAB is the sole, absolute, and exclusive owner of the Certification Trade
Mark.
6.4.3.13 NAB through the Accredited Certification Body(s) shall maintain a register of the
licensees who are authorized to use the Certification Trade Mark
6.5.3 Every application shall be signed in the case of an individual, by the applicant or, in
the case of a firm, by the proprietor, partner or the managing director of the firm or by
any other person authorized to sign any declaration on behalf of the firm. The name
and designation of the person signing the application shall be recorded legibly in the
space set apart for the purpose in the application form.
6.5.4 Every application for a licence shall, on receipt by the Accredited Certification Body,
be numbered in the order of priority of the receipt and be acknowledged.
6.5.5 The Accredited Certification Body may call for any supplementary information or
documentary evidence from any applicant in support of or to substantiate any
statement made by him in his application, within such time as may be directed by the
Accredited Certification Body, and non-compliance with such direction may have the
effect of the application being summarily rejected by the Accredited Certification
Body.
187
6.5.6 On receipt of an application for a licence and before granting a licence, the Accredited
Certification Body may
a) require evidence to be produced that the product or process in respect of which
a licence has been applied for conforms to the standards and specifications set
out in the National Programme for Organic Production (hereinafter NPOP)
and the National Standards for Organic Production (hereinafter NSOP);
d) for the purpose of clause (a), direct the applicant to submit samples to such
testing authority as Accredited Certification Body may consider appropriate.
The expenses for testing shall be borne by the applicant; and
e) On the basis of any report received under clause (c) or clause (d) or both, the
Accredited Certification Body may, as deemed fit, require the applicant to
carry out such alterations in, or in addition to, the process of manufacture or
production in use by the applicant.
6.6.1 If, after having regard to requisite skill, resources, production, processing previous
performance and antecedents relevant to the issuance of the licence, the Accredited
Certification Body, is satisfied that the applicant is fit to use the Certification Trade
Mark, the Accredited Certification Body shall grant a licence in Form 2 authorizing
188
the use of the Certification Trade Mark in respect of the product or class of products
manufactured by the applicant in respect of the process employed in any production,
manufacture or work, subject to such terms and conditions as specified in these
regulations. The Accredited Certification Body shall intimate the applicant about
grant of licence.
(a) The Applicant shall be entitled to use the Certification Trade Mark and restrict
its use to such products or services, which will meet the norms and standard
specifications of the products, set out in the NPOP. The Certification Trade
Mark may be affixed to the products and/or used on packaging or promotional
material or in the context of advertising activities.
(b) In the event of a withdrawal of the right to use the aforesaid Certification
Trade Mark, the certificate or the Licence shall be returned to the Accredited
Certification Body. The right to use the Certification Trade Mark expires at
the same time without giving rise to any indemnification claim against the
NAB and/or the Accredited Certification Body.
(d) Where the application for a licence is made by a person, whose licence is
cancelled by the Accredited Certification Body due to furnishing of incorrect
information or use of the Certification Trade Mark in relation to any product
other than that for which it has been granted license, he shall not be eligible to
reapply for a period of time as determined by the Accredited Certification
Body having regard to the facts and circumstances of each case. In any event,
such period shall not exceed one year.
6.6.2 A licence shall be granted on Form 2 prescribed in the NPOP from time to time for a
period of one year and a declaration by licensee shall be given on Form 3.
189
6.6.3 The Accredited Certification Body may by giving one month’s notice to a Licensee,
alter any terms and conditions subject to which the licence has been granted during
the validity of the licence.
6.6.4 Where the Accredited Certification Body, after a preliminary inquiry, is of the opinion
that a licence should not be granted, it shall give a reasonable opportunity to the
applicant of being heard, either in person or through a representative authorized by
him on his behalf, and may take into consideration any fact or explanation urged on
behalf of the applicant before rejecting the application.
6.6.5 A licence shall expire at the end of the period for which it is granted.
6.6.6 Particulars of all licences issued by Accredited Certification Body under these
Regulations in connection with the use of the Certification Trade Mark shall be
entered in a register which shall be maintained by APEDA on behalf of the NAB.
6.7.1 The Certification Trade Mark shall be applied in such manner as it may be
easily visible as a distinct mark on the products or the packaging or on test certificates
relating to articles which cannot be labeled or covered. The Certification Trade Mark
shall be applied to only such types, grades, classes, varieties, sizes of the products for
which the licence has been granted. The manner in which the licensee proposes to
place or use the Certification Trade Mark, must be approved by the Accredited
Certification Body.
6.7.2 When a Certification Trade Mark has been specified in respect of an article or
process, no person other than the licensee in possession of a valid licence shall make
any public claim, through any advertisement, sales promotion leaflets, pricelists or the
like, that his product conforms to the relevant Certification Trade Mark or carries the
Certification Trade Mark.
6.7.3 (a) Every licensee shall institute and maintain, to the satisfaction of the Accredited
Certification Body, a system of control to keep up the quality of his production or
190
process by means of a scheme of testing and inspection, so as to ensure that the
articles or process, in respect of which the Certification Trade Mark is being used,
comply with the relevant norms and procedures of the Accredited Certification Body
and the NPOP.
(b)The licensee shall maintain a complete record of the tests and inspection and such
other data as specified in the scheme for testing and inspection, to establish to the
satisfaction of the Accredited Certification Body that the required control of
production or process has been and is being satisfactorily maintained. Such records
shall, on demand, be made available for inspection to the Accredited Certification
Body.
6.7.4 (a) Any licence granted by the Accredited Certification Body may be
suspended or cancelled by it, if it is satisfied:-
i. that the products marked with the Certification Trade Mark under a
licence do not comply with the related norms and procedures as
prescribed in the NPOP; or
ii. that the licensee had used the Certification Trade Mark in respect of a
process which does not comply with the procedures and specifications
prescribed in the NPOP; or
iii. that the licensee failed to provide reasonable facilities to the
Accredited Certification Body to enable them to discharge the duties
imposed on them; or
iv. that the licensee has failed to comply with any of the terms and
conditions of the licence.
(b) Before the Accredited Certification Body suspends or cancels any licence, it
shall give the licensee not less than fourteen days notice of its intention to
suspend or cancel the licence.
(c) On the receipt of such notice, the licensee may submit an explanation on its
behalf to the Accredited Certification Body within fourteen days from the
receipt of the notice. If an explanation is submitted, the Accredited
191
Certification Body may consider the explanation and give a hearing to the
licensee within fourteen days from the date of receipt of such explanation or
before the expiry of the notice whichever is longer.
(e) Where a licence has been suspended or cancelled, the licensee shall forthwith
discontinue the use of the Certification Trade Mark notwithstanding the
pendency of any proceeding before an Arbitrator and if there be, with the
licensee or his agents, any articles in stock which have been improperly
marked, the licensee or his agents, as the case may be, shall take steps to get
the Certification Trade Mark on such articles either removed, cancelled,
defaced or erased.
6.7.5 When a licence has been suspended or cancelled, the Accredited Certification Body
shall so advise the licensee in writing and publish such a suspension or cancellation
in a manner as found appropriate by the said Accredited Certification Body.
6.7.6
(a) If, at any time, there is some difficulty in maintaining the conformity of the
product or articles to the specification or if the testing equipment goes out of
order, the marking of the product shall be stopped by the licensee, under
intimation to the Accredited Certification Body. The marking may be resumed
as soon as the defects are removed and information regarding such resumption
of marking be sent to the Accredited Certification Body, immediately
thereafter.
(b) If, at any time, the Accredited Certification Body has sufficient evidence that
the product carrying the Certification Trade Mark may not be conforming to
designated norms and procedures, the licensee shall be directed to stop the
marking of such product. The resumption of marking on the product shall be
192
permitted by the Accredited Certification Body after satisfying itself that the
licensee has taken necessary actions to remove the deficiencies.
6.7.7 The decision of the Accredited Certification Body for arriving at such decision shall
be communicated, in writing by registered post, to the applicant or the licensee, as the
case may be.
6.7.9 When the designated norms and procedures of the Accredited Certification Body are
withdrawn and not superseded by any other norms and procedures, any licence issued
in respect thereof shall be deemed to have been cancelled from the date of withdrawal
of such designated norms and procedures as stated above and any such licence shall
be forthwith surrendered to such Accredited Certification Body by the licensee. In the
case of such cancelled licence, a part of the licence fee, if paid in advance,
proportionate to the unexpired period of the licence shall be adjusted against any
future fee payable by the licensee or the said part of the licence fee can be refunded
depending on the decisions of the Accredited Certification Body.
6.7.10 The following procedures shall apply in the case of inspection in respect of any
product or process where a licence for the use of Certification Trade Mark in respect
of that article or process has been issued, or an application has been made for a
licence.
193
presence of the applicant or a responsible person belonging to the
establishment of the applicant, as the case may be;
c. The Accredited Certification Body may at its discretion, and shall if the
applicant or the responsible person belonging to the establishment demands it,
take duplicate samples and give one sample to the applicant or such
responsible person;
d. The Accredited Certification Body may at its discretion, and shall if the
applicant or the responsible person belonging to the establishment demands it,
place each such sample in a covering and jointly seal each sample. In the case
of samples drawn by the Accredited Certification Body which cannot be so
sealed, such samples shall be marked with certain identification to establish
their identity;
f. The Accredited Certification Body shall give a receipt for a sample or samples
taken and retain a duplicate copy of the receipt duly signed by the person in
whose presence the sample was taken.
6.7.11 The Accredited Certification Body may take samples of products marked with the
Certification Trade Mark from the godowns or any such premises of any agent of the
applicant or from the articles put up for sale in the open market by the applicant or its
agent.
6.7.12 The Accredited Certification Body shall arrange at least one inspection visit in a year
in respect of each licence granted.
6.7.13 The Accredited Certification Body shall make a detailed report of every inspection
made by it.
194
6.8. Fees
6.8.1 Every application for the grant of a licence shall be accompanied by a fee payable to
the Accredited Certification Body and which shall not exceed the fee prescribed for
this purpose by the NAB from time to time.
No such fee or part thereof shall, in any circumstances, be refunded, except in the event of
operation of paragraph 5 (10) herein.
6.9 Undertaking
Prior to grant of licence, the applicant shall sign an undertaking to the effect that he will make
no claim, direct or implied, that the licence to be granted relates to any products or processes
other than those that will be set out in the licence.
6.12 Publicity
a. The Accredited Certification Body shall maintain a list of licensees and make it
available to APEDA;
b. The list shall be updated periodically;
195
c. The licensee shall inform potential customers, purchasers or purchasing
authorities of the full and exact details of the licence;
d. The licensee shall display the licence in his premises;
e. The licensee shall make use of the Certification Trade Mark as authorized;
f. The licensee shall state in documentation brochures or through advertising
media that the organization or location to which the licence applies have been
assessed and approved by the Accredited Certification Body. In such
advertisement the standards pertaining to the products or process for which a
licence has been granted is to be stated and a higher level of approval than
granted is not to be implied;
g. An applicant who has been granted a licence for the Certification Trade Mark
shall not claim or imply that the product manufactured by him has been
certified or approved by the Accredited Certification Body unless he is
holding a valid licence for that product under the recognized product
certification scheme of the NAB.
a. at all times comply with the requirements of the licence as set out therein and
comply with these Regulations or any amendments thereto;
b. only claim that it is holding a licence in respect of the capability which is the
subject of the licence and which relates to the products or processes in accordance
with the licence requirements;
c. not use the licence in any manner to which the Accredited Certification Body
may object and shall not make any statement concerning the authority of the
applicant’s use of the licence which in the opinion of the Accredited Certification
Body may be misleading;
d. submit to the Accredited Certification Body for approval the form in which it
proposes to use its licence or proposes to make references to the licence;
e. upon suspension or termination of the licence, however determined, discontinue
its use forthwith and withdraw all promotional and advertising matter which
contains any reference thereto;
196
f. permit access to the Inspector of the Accredited Certification Body for purposes of
assessment, audit or surveillance. The licensee shall give full details of all actions
taken in response to field problems arising from allegations of defects in products
or processes covered in the licence and allow the Inspector of the Accredited
Certification Body access to all relevant records and documents for the purpose of
verifying such details;
g. be required to produce evidence of continuing operations for the products or
processes covered by the licence. The licensee shall notify the Accredited
Certification Body in writing of discontinuance in such operations exceeding three
months. Discontinuance of a licence in excess of six months or more may lead to
cancellation of licence. In such cases, a new application shall be lodged with the
Accredited Certification Body and an assessment visit will be necessary prior to
grant of a new licence;
h. pay all financial dues to the Accredited Certification Body in the manner
prescribed by it, even for the period of discontinuance or suspension of licence.
A licence may be surrendered by the licensee at any time in writing to the Accredited
Certification Body. In the case of surrender, the licensee shall return the licence with all the
related documents to the Accredited Certification Body.
197
regular review. Such decisions shall be communicated to the licensee in
writing;
iii) if there has been any contravention of the procedures set out by the
Accredited Certification Body;
c. Where a licence has been suspended or cancelled on the expiry of the period
of its validity, the licensee shall forthwith discontinue the use of the licence
notwithstanding the pendency of any Appeal in terms of para 16 hereinafter
and shall return the licence and related documents to the Accredited
Certification Body.
198
followed by the procedure prescribed in these regulations for the grant of a
new licence.
6.17 Appeals
Any appeal arising from any order of the Accredited Certification Body shall be finally
settled through arbitration to be held only in New Delhi by a sole arbitrator in accordance
with the provisions of the Indian Arbitration and Conciliation Act, 1996. The sole arbitrator
shall be jointly nominated by the disputing parties and in the event the parties are unable to
reach any understanding, the same shall be decided by the High Court of appropriate
jurisdiction. Any award made by the arbitrator in pursuance of an arbitration as stated in this
clause shall be conclusive and binding on the parties thereto.
199
FORM 1
Hereby apply for a license to use the Indian Organic Logo Certification in respect of the
product/process which conforms to the National Standards for Organic Products norms and
procedures listed below:
a) **Product ______________________________________________________
Type ______________________________________________________
Size ______________________________________________________
Grade ______________________________________________________
Related norms of Standards for Organic Products
b) **Process _______________________________________________________
Related norms of Standards for Organic Products.
b) I/we undertake to intimate to the Certification Body any change in the above
composition as soon as it takes place.
200
4. I/We hereby enclose an attested copy/photocopy of the certification of incorporation
issued by the Registrar of firms or Societies/Companies/director of Industries (In case of
Small Scale Units) Or similar other Documents authenticating the name of the firm and
its producing location.
1. a) I/We have testing arrangements as per enclosed list and as per norms and
procedures of Standards for Organic Products.
OR
b) The following testing arrangements as per norms and procedures of Standards for
Organic Products are still to be made:
OR
c) Details of Accredited Laboratory
Name Job
b) I/We intended to apply the India Organic Logo Certification with our following
Trade-Mark (s)/Brand Name (s):
c) Registration No. and Date of the trade-Mark (s)/Brand Name (s) proposed to be
used with the India Organic Certification Mark.
OR
In case of non-registration, I/We enclose documentary evidence in form of
publicity/packing material, etc. in support of the Trade-Mark(s) Brand Name(s)
5. Production figures of the said product/process and the value thereof to the best of my/our
knowledge and estimates are as follows:
to
____________
201
6. In order to ensure conformity of the said product/process to the related norms and
procedures of the Standard for Organic Products.
*I/We have in use/propose to use the scheme of Inspection and Testing described in the
Statement attached hereto. Routine records of all the inspections and tests are being/will
be kept in the form detailed in the Statement. I/We further undertake to modify, amend or
alter my/our Scheme of Inspection and Testing to bring it in line with that which may be
specified by you from time to time.
7. Should any initial enquiry be made by the Certification Body, I/We agree to extend to the
Certification Body all reasonable facilities at my/our command and I/We also agree to
pay all expenses of the said enquiry, including charges for a testing, as and when required
by the Certification Body.
I/We request that the preliminary inspection of location may be carried out by
_____________________________ (indicate date)
OR
I/We shall intimate the time, date etc. suitable for carrying out the preliminary Inspection
as soon as production of the product applied for is undertaken and I/We are ready for
drawl of samples.
8. a) Certified that earlier I/we had applied and the application No. was
It did not mature into a license because of ____________
b) Certified that earlier I/We held CMS/T, No. ___________________ which was
lapsed/cancelled because of _________________ vide letter No. _________________
dated ______________ from Certification Body.
c) I/We have never been warned/advised by the Certification Body for any of our actions
violative of the norms and procedures of the Standards for Organic Products.
OR
202
The details of warning/advice received by me/us for violating the norms and
procedures of the Standards for Organic Products are as under:
___________________________________________________
___________________________________________________
9. I/We undertake that should any of the information supplied above in the application form
is found to be wrong, the application may be rejected forthwith.
10. Should the license be granted and as long as it will remain operative, I/We hereby
undertake to abide by all the terms and conditions of the license and the prescribed
regulations. In the event of the license being suspended or cancelled, I/we also undertake
to cease with immediate effect to use the Certification Mark on any product covered by
the license and to withdraw all relevant advertising matters and to take such other steps as
may be necessary to fulfill the provisions of the aforesaid Regulations with immediate
effect. We also undertake to comply with each and every provision contained in the
aforesaid Regulations, where a license is granted to us.
Signature ____________________
Name _______________________
Designation __________________
For and on behalf of ___________
____________________________
(Name of the firm)
203
FORM 2
(hereinafter called ‘the licensee’) this license to use India Organic Logo Certification
Mark se out in the first column of the first Schedule hereto, upon or in respect of the
product/process set out in the second column of the said Schedule which is produced or
processed in accordance with/conforms to the related norms and procedures of Standard
for Organic Products.
2. This license carries the rights and obligations stipulated in the above mentioned
Regulations.
204
THE FIRST SCHEDULE
(1) (2)
205
FORM 3
DECLARATION
To
The Chairman
NAB
------------------------
Dated ----------------
206